ITALIAN MOSAIC & MARBLE CO. v. COMMISSIONER OF INT. REV.

No. 37.

132 F.2d 793 (1942)

ITALIAN MOSAIC & MARBLE CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Second Circuit.

December 28, 1942.


Attorney(s) appearing for the Case

Elijah W. Holt of Buffalo, N. Y., for petitioner.

Earl C. Crouter, Sp. Asst. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and A. F. Prescott, Sp. Assts. to Atty. Gen., for respondent.

Before L. HAND, SWAN and CHASE, Circuit Judges.


PER CURIAM.

The taxpayer's argument must depend upon the theory that, when it decided to cancel one-half the debt in 1936, and the other half in 1937, in order to improve the financial condition of its affiliate, it "ascertained" the cancelled parts to be "worthless" under § 23(k) of the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 828. That would imply that, whenever a taxpayer supposes with reason that all his claims against a debtor are not good, and...

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